Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

want of credibility - Applicant applied for judicial cant brought claim for refugee status, alleging that review Application dismissed _ Board's find- if she were

want of credibility - Applicant applied for judicial cant brought claim for refugee status, alleging that review Application dismissed _ Board's find- if she were to return to China she would be perse-ings were not unreasonable cuted by government due to her religious beliefs as Yu v. Canada (Minister of Citizenship & Immi- Christian Refugee board found that applicant gration) (2003), 2003 CarswellNat 4447. 2003 CF lacked credibility, and did not believe that she was 1435, 2003 CarswellNat 3986, 2003 FC 1435 Christian - Board found that applicant's answers (F.C.) to questions were vague, and suspected that they were rehearsed - Board rejected applicant's testimony with respect to incident in which under- 34. (111.2.d.if) Refugee protection - Elements of protected refugee status - Grounds - Religion Botros v. Canada (Minister of Citizenship & Im-migration) (2002), 2002 CarswelINat 4553, 2002 CFPI 1298, 2002 CarswellNat 3706. 2002 FCT 1298 (Fed. T.D.) ground Christian church she attended was raided Board went on to state that it could not understand how, after alleged raid incident, applicant's being seen leaving church in Canada would have added anything to suspicion about her Christian beliefs Board determined that applicant was not Convention refugee - Applicant brought application for judicial review - Application granted _ Matter 35. (111.2.d.ii) Refugee protection - Elements of protected refugee status - Grounds - Religion - Appli- cant was citizen of China who organized and promoted Falun Gong group and participated in demonstration - Applicant alleged that while she was away Chinese government authorities searched her house and seized all of her Falun Gong materials - Applicant contended that she was accused of promoting Falun Gong, organizing demonstration, and acting against goverment - Applicant fled to Canada where she continued to practice Falun Gong - Applicant contended that she was still being sought by Chinese authorities and noted that Chinese government had since banned Falun Gong - Applicant claimed Convention refugee status on basis of well-founded fear of persecution on basis of religion - Board refused claim for want of credibility - Applicant applied for judicial review - Application granted - Board failed to make finding whether applicant was member of Falun Gong group - This finding was necessary to determine whether applicant was Convention refugee - Board failed to address issue of whether applicant might face persecution on her return because of her adherence Falun Gong Applicant's refugee claim could succeed based on her membership in group if board was to find that group members were or were likely to be perse-cuted_ There was evidencethat members group have been persecuted in China. Chen v. Canada (Minister of Citizenship & Im-migration) (2002), 20 Imm. L.R. (3d) 238, 2002 CarswellNat 1685, 2002 CFPI 480, 2002 Car-swellNat 985, 2002 FCT 480, [2002] F.C.J. No. 647 (Fed. T.D.) 36. (I11.2.d.ii) Refugee protection - Elements of protected refugee status Grounds - Religion - Appli- plicant's answers to questions were vague - Minister could not now point to portions of transcript and speculate as to what was relied upon by board to making its finding - Questions posed by board where much more general in nature than those posed by counsel _ Board made no mention of letter which was submitted by applicant from her church, which stated that applicant attended services intermittently - For board to not believe applicant's testimony in one part of its analysis, and yet use same testimony to discredit other portions of her story, was problematic _ When board's finding on that issue was considered together with findings relating to applicant's identity as Chris-tian, that was sufficient to amount to reviewable error Huang v. Canada (Minister of Citizenship & Immigration) (2002), 22 Imm. L.R. (3d) 41, 2002 CarswellNat 1826, 2002 CFPI 606, 2002 Car-swellNat 1247, 2002 FCT 606 (Fed. T.D.). 37. (111.2.d.ji) Refugee protection - Elements of protected refugee status - Grounds - Religion - _ Claim- ant was citizen of Iraq and devout Shite Muslim Claimant and his family were unable to practice their religion outside their home by attending mosque because of fear of persecution by Iraqi authorities - Claimant fled to Canada and claimed Convention refugee status - Tribunal rejected claim on basis that he was restricted from practis-ing his religion in public and there was no evidence that he had ever participated in demonstrations, protests or public manifestations of his religion - Claimant brought application for judicial review. Application granted - Matter remitted for reconsideration - Tribunal had obligation to analyze issues of circumstances of why applicantceasedat- You are conducting legal research about Refugee Protection, specifically religion as a ground for protected refugee status. You are looking for a specific case involving a woman who claimed that if she were to return to China she would be persecuted by government because of her religious beliefs. The Refugee Board did not believe that she was Christian. Attached is a page from the relevant Case Digest volume of the Canadian Abridgment. Look at the attachment and answer the following questions: CAD Case Digest page.dox a. What is the subject title of the specific topic you are researching? b. What is the name of the specific case you arelookingfor?

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image_2

Step: 3

blur-text-image_3

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Business Law Text and Cases

Authors: Kenneth W. Clarkson, Roger LeRoy Miller, Frank B. Cross

12th Edition

978-053847082, 1285834623, 9780538470810, 0538470828, 9781285834627, 053847081X , 978-1111929954

More Books

Students also viewed these Law questions